STUDY UNIT SEVENTEEN
WELFARE: GENERAL PROVISIONS
The Factories act provides that there shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water. Drinking water. A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least once in each working day, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply, whether laid on or not, shall be clearly marked "DRINKING WATER" in English and in at least one vernacular language commonly used by the employees of the factory. There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of soap and suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition. The Commissioner may, by certificate, exempt from any of the requirements of subsection (1) any factory where, by reason of the difficulty of obtaining an adequate supply of water, or of the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available, or by reason of such other special circumstances as may be specified in the certificate, the application of the requirement would in his opinion be unreasonable.
CHANGE ROOMS
The Act further states that there should be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours.Where protective clothing is provided in pursuance of section seventy-one, a suitable place or places shall be provided for the storage of such protective clothing.Adequate change rooms shall be provided and maintained for the use of employed persons in any factory in which the Minister considers such rooms necessary and by order so directs.Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.
FACILITIES FOR SITTING AND FIRST AID
Where a substantial proportion of any work can properly be done sitting- there shall be provided and maintained for any employed person doing that work a seat of a design, construction and dimensions suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a foot-rest; and the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided. For the purposes of subsection (2), the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted. There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard containing such equipment as may be prescribed and, where more than one hundred persons are employed, an additional box or cupboard for every additional hundred persons. For the purposes of subsection (1), the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred shall be reckoned as one hundred. Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard. Each first-aid box or cupboard shall be under the charge of a responsible person who shall, in the case of a factory where more than fifty persons or such similar number as may be prescribed, are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours. A notice shall be affixed in every workroom stating the name of the person in charge of and the location of the first-aid box or cupboard provided in respect of that room.For the purposes of subsection (4), a person shall not be deemed to be trained in first-aid treatment unless he satisfies the prescribed conditions.Where a contravention of subsection (4) is committed through a failure to comply with so much thereof as requires the person in charge of a first-aid box or cupboard to be trained in first-aid treatment, it shall be a defence in any proceedings for the contravention to prove that the accused made all reasonable efforts to secure compliance but was unable to do so. If an ambulance room or dispensary is provided at any factory and arrangements are made to ensure the immediate treatment there of all injuries occurring at the factory, the Commissioner may, by certificate, exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate.
Every first-aid box or cupboard shall be plainly marked "FIRST-AID".
WELFARE REGULATIONS
Where it appears to the Minister that, owing to the conditions and circumstances of employment or the nature of the processes carried on, provision requires to be made in relation to any of the matters to which this section applies for securing the welfare of the persons employed or any class of them, he may make regulations requiring such reasonable steps to be taken in connection therewith as may be specified in such regulations.
Regulations are made for a particular factory or for factories of any class or description and may impose duties on owners and employed persons as well as on occupiers.
The Minister may by regulations extend the matters to which this section applies so as to include other matters affecting the welfare of employed persons or any class of them.
HEALTH, SAFETY AND WELFARE: SPECIAL PROVISIONS AND REGULATIONS
In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.No stationary internal combustion engine shall be used in any room unless provision is made for conducting the exhaust gases from the engine into the open air.Where in any room any poisonous or other injurious substance is so used as to give rise to any dust or fume, no person shall be permitted to partake of food or drink in that room. Where in any factory persons are subject to excessive exposure to any poisonous or other injurious or offensive substance or to any heat, cold or wet, suitable protective clothing and appliances shall be provided and maintained for the use of such persons.
Suitable goggles or effective screens shall be provided to protect the eyes of persons employed in the dry grinding of metals, in the welding or cutting of metals by means of an electrical, oxy-acetylene or similar process or in any other process likely to entail injury to the eyes .Where in any factory electric arc welding is carried on, effective provision shall be made, by screening or otherwise, to prevent any person being exposed to the electric arc flash.
LIFTING OF EXCESSIVE WEIGHTS
A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him. The Minister may make regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in factories; and any such regulations may relate either to persons generally or to any class of persons or to persons employed in any class or description of factory or in any process. Where an inspector is of opinion that the employment of any young person in a factory or in any particular process or kind of work in a factory is prejudicial to the health of such young person or to the health of other persons, he may serve written notice on the occupier of the factory requiring that the employment of such young person in the factory or in the process or kind of work, as the case may be, be discontinued after such period as may be specified therein, not being less than one nor more than seven days after the serving of the notice, and if such occupier continues after the period specified in the notice to employ such young person he shall be guilty of an offence unless, after the service of the notice, such young person has been examined by a medical practitioner and certified by such practitioner to be fit for employment in the factory or in the process or kind of work, as the case may be.
Where the Minister is satisfied that any manufacture, plant, process or description of manual labour is of such a nature as to cause risk of bodily injury to the persons employed, or any class of those persons, he may, subject to the provisions of this Act, make such regulations as appear to him to be reasonably practicable and to meet the necessity of the case.
An inspector may, at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material or substance used or intended to be used in a factory, being a material or substance in respect of which he suspects a contravention of any regulation made under section seventy-four, or which he thinks is likely or may prove on analysis to be likely to cause bodily injury to the persons employed.The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and-
(a) to deliver one part to the occupier or the foreman or other responsible person;
(b) to retain one part for future comparison;
(c) to submit one part to the analyst;
and any analysis under this section shall, if so required, be carried out by a Government department.
A certificate purporting to be a certificate by a Government chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection he shall be guilty of an offence.
NOTIFICATION AND INVESTIGATION OF ACCIDENTS, DANGEROUS OCCURRENCES AND INDUSTRIAL DISEASES
Where an accident in a factory-
(a) causes loss of life to a person employed in that factory; or
(b) disables any such person for more than three days from earning full wages for the work for which he was employed;
the occupier shall forthwith send written notice of the accident in the prescribed form to an inspector. Where an accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, the occupier of the factory shall as soon as the death comes to his knowledge send notice in writing of such death to an inspector. Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence.
The provisions of section seventy-six requiring notice of an accident occurring in a factory to be given to an inspector shall extend and apply to the classes of occurrences specified in the First Schedule whether death or disablement is caused or not.Written notice of every case of any disease specified in the Second Schedule occurring in a factory shall forthwith be sent by the occupier to an inspector in the prescribed form; and the provisions of this Act with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions.Every medical practitioner who attends any patient whom he believes to be suffering from any disease specified in the Second Schedule contracted as a result of his employment in a factory shall forthwith report the matter to an inspector, and shall be entitled in respect of every report sent in pursuance of this section to a fee of four fee units. If, in contravention of the provisions of this section, any medical practitioner fails to send any report in accordance with the requirements thereof, he shall be guilty of an offence and liable on conviction to a fine not exceeding sixty penalty units.
(As amended by Act No. 13 of 1994)
SPECIAL APPLICATIONS AND EXTENSIONS
The Minister may by regulations allocate to the owners instead of the occupiers of tenement factories the responsibility for the contravention of any provision of this Act which but for this section would lie with such occupiers. Where a part of a building is let off as a separate factory but is not part of a tenement factory- the provisions of this Act specified in paragraphs (a) and (b) of subsection applies to any part of the building used for the purposes of the factory but not comprised therein;
(a) the provisions of Part V with respect to cleanliness and lighting, the provisions of Part VI with respect to prime movers, transmission machinery, the construction and maintenance of floors, passages and stairs, the keeping free from obstruction and slippery substances of floors, steps, stairs, passages and gangways, the provisions of Part VII with respect to hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines and the provisions of Part VIII with respect to steam boilers, steam receivers and steam containers, and air receivers For the purposes of the provisions applied by the foregoing provisions of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.
(a) the occupier of the factory shall be responsible if it is a contravention with respect to any plant belonging to or supplied by him; and
(b) the owner of the building shall be responsible in any other case;
except that the owner shall not be responsible for a contravention of those provisions in so far as they relate to matters outside his control, and for any such contravention as respects the factory the occupier shall be responsible.
The owner shall be responsible by virtue of this section-
(a) for the cleanliness of sanitary conveniences only when used in common by several tenants; and
(b) for a contravention of the provisions relating to hoists and lifts only so far as those provisions relate to matters within his control. Any reference in the provisions applied by the foregoing provisions of this section to the general register shall, in relation to matters in respect of which the owner of the building is responsible, be construed as a reference to a register to be kept by him, and subsection
No order made under the provisions of this Act with respect to the power of a court to make orders as to dangerous conditions and practices and no special regulations made under Part X shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of the works or of the persons employed, prescribed in the specification or in any signed plans issued, or written directions given by the consulting engineer or the engineer in charge. The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister. The provisions of this Act requiring general registers to be kept and copies of the prescribed abstract of this Act and of regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations and works of engineering construction if the general register is kept at an office of the person undertaking the operations or works and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations or works at which persons employed by him on the operations or works attend, and in a position where they can easily be read by such persons. The application of this Act to any building operations or works of engineering construction by virtue of the foregoing shall not be excluded by reason of the fact that they are undertaken on premises to which the Act applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Act to these premises apart from this section.
The application of the provisions of this Act in relation to- Mines
(a) premises forming part of a mine;
(b) premises which, though not forming part of a mine, are occupied by the owner of a mine and used solely for the purpose of the provision or supply for or to a single mine or jointly for or to more than one mine, of services or electricity; and
(c) machinery or apparatus situated partly in a mine and partly in a factory;
shall be in accordance with the provisions of section one hundred and thirty-one of the Mines and Minerals Act. Cap. 213
For the purposes of this section, "mine" shall have the meaning given to it in the Mines and Minerals Act.The Minister may be statutory order, subject to such conditions as may be specified in the order, extend the application of all or any of the provisions of this Act to any of the following classes of premises, processes or operations, that is to say:
(a) any premises (not being premises forming part of a factory) in which a hoist or lift is used;
(b) any premises (not being premises forming part of a factory) in which a steam boiler is used;
(c) warehouses not forming part of a factory;
(d) docks, wharves and quays, including warehouses used in connection therewith;
(e) any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil fuel tanks or bilges in a ship or any tank in a ship last used for oil of any description carried as cargo;
(f) electricity substations. Power to extend application of provisions of Act
STUDY UNIT EIGHTEEN
The law provides that there shall be kept posted in a prominent position in every factory-
(a) such abstract of this Act as may be prescribed;
(b) a notice of the address of the nearest inspector and labour officer;
(c) printed copies of any regulations which are for the time being in force in the factory, or such abstract of such regulations as may be prescribed; and
(d) every other notice and document required by this Act to be posted in the factory.
The occupier of every factory shall cause to be kept a register in the prescribed form called the general register, and there shall be entered in or attached to that register-
(a) the certificate of registration of the factory;
(b) every other certificate issued in respect of the factory by the Commissioner under the provisions of this Act;
(c) the prescribed particulars as to the washing, whitewashing or colourwashing, painting or varnishing, of the factory;
(d) the prescribed particulars as to every accident, case of industrial disease or dangerous occurrence occurring in the factory of which notice is required to be sent to an inspector;
(e) all reports and particulars required by any other provisions of this Act to be entered in or attached to the general register; and
(f) such other matters as may be prescribed.
The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act.
The occupier of every factory shall, if so required by the Commissioner by notice in writing or in the Gazette, send to the Commissioner, at such intervals and on or before such days as may be specified in the notice, a correct return-showing with respect to such day or days, or such period as may be specified in the notice, the number of persons employed in the factory; and
(b) giving such particulars as to such other matters as may be specified in the notice.
The Commissioner may, for the purpose of facilitating the rendering of returns by occupiers under the provisions of this section, arrange for the consolidation of these returns with any other returns required from occupiers under the provisions of any other law for the time being in force.
The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector for at least two years after the date of the last entry in the register or record. Preservation of registers and records
No person employed in a factory shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in such factory and, where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use that means or appliance. Duties of persons employed
No person employed in a factory shall wilfully and without reasonable cause do anything likely to endanger himself or any other person.Save as otherwise expressly provided in any written law, the occupier of a factory shall not, in respect of anything to be done or provided by him in pursuance of this Act, make any deduction from the sum contracted to be paid by him to any person employed, or receive or allow any person in his employment to receive any payment from any such person. Prohibition of deductions from wages
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act or of any order, regulation or lawful requirement made there,under, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject to the following provisions of this Part, be guilty of an offence. In the event of a contravention by an employed person of the provisions of section eighty-nine, that person shall be guilty of an offence and the owner or occupier, as the case may be, shall not be guilty of an offence by reason only of the contravention of the provisions of the said section, unless it is proved that he failed to take all reasonable steps to prevent such contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions aforesaid.
If the owner or the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act. If any persons are employed in a factory otherwise than in accordance with the provisions of this Act, there shall be deemed to be a separate contravention in respect of each person so employed. Where an offence under this Act committed by a company, co-operative society or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
GENERAL PENALTY
Subject to the following provisions of this Part, any person guilty of an offence under this Act for which no express penalty is provided shall be liable-
(a) if he is an employed person, to a fine not exceeding three hundred penalty units;
(b) in any other case, to a fine not exceeding one thousand five hundred penalty units;
and if the contravention in respect of which he was convicted is continued after the conviction, he shall (subject to the provisions of section ninety-nine) be guilty of a further offence and liable in respect thereof to a fine not exceeding three hundred penalty units for each day on which the contravention is so continued .In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) shall have effect as if for the references in paragraphs (a) and (b) to three hundred penalty units and one thousand five hundred penalty units there were respectively substituted references to one thousand two hundred penalty units and six thousand penalty units.
(As amended by Act No. 13 of 1994) .Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2), to the like fine as if he were the first-mentioned person. The fine that may be imposed under subsection (1) on an employed person where the offence is one for which no express penalty is provided by this Act shall be that specified in section ninety-two in relation to employed persons, notwithstanding that the person primarily liable is not an employed person.A person charged with an offence under the provisions of this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court-
(a) that he had used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and
(b) that the said other person had committed the offence in question without his consent, connivance or wilful default;
that other person shall be convicted of such offence, and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.When it is made to appear to the satisfaction of an inspector at the time of discovering an offence-
(a) that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act;
(b) by what person the offence has been committed; and
(c) that such offence has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders; the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised, as the case may be, to be served on or taken in relation to the first-mentioned person.Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, such owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of such owner or hirer, be deemed to be the occupier of the factory.In any proceedings under this Act it shall be sufficient to allege in the charge or information that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of such factory, or, where the occupier is a firm, the title of such firm .Where, with respect to or in consequence of any accident in a factory, a report is made by any authority appointed to hold a formal investigation under any written law, or a coroner's inquest is held and it appears from such report or from the proceedings at such inquest that any of the provisions of this Act, or any orders or regulations made thereunder, were contravened at or before the time of the accident, proceedings against any person liable to be proceeded against in respect of such contravention may be commenced at any time within three months after the making of such report or the conclusion of such inquest.
Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any order or regulation made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or other thing done, as the case may be.If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in such factory:
Provided that this subsection shall not apply to a factory in which the only persons employed are members of the same family dwelling there.
Where in any proceedings under this Act with respect to a young person it appears to the court that such young person is apparently of or below the age alleged by the prosecutor, it shall lie on the accused to prove that the young person is not of or below that age.Where any entry is required by this Act or by any order or regulation made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that the provision has not been observed.
Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or in lieu of a fine, order him, within such time as may be specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding three hundred penalty units for each day on which the non-compliance continues.Any document or order required or authorised to be served under this Act may be served- Service, etc., of documents
(a) on any person by delivering it to him or by leaving it at, or sending it by registered post to, his residence or place of business;
(b) on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by registered post to, the office of the firm;
(c) on the owner or occupier of a factory in any such manner as aforesaid, or by delivering it, or a true copy thereof, to the manager, foreman or other responsible person at the factory.
Any document mentioned in subsection (1) may be addressed, for the purpose of the service thereof on the occupier of a factory, to "the occupier" at the proper postal address of the factory, without further name or description. The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing and delivery of such documents. If, by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a factory, the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or or any order or regulations made there,under, or in order to conform with any standard or requirement imposed by or under this Act, he may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court may consider just and equitable in the circumstances of the case.
POWERS OF HIGH COURT TO APPORTION EXPENSES
Where, in any premises the whole or part of which has been let as a factory, any structural or other alterations are required in order to comply with the provisions of this Act or any order or regulation made there under, or in order to conform with any standard or requirement imposed by or under this Act, and the owner or occupier alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, as the case may be, such owner or occupier may apply, in accordance with any rules of court which may be made by the High Court in that behalf, to the High Court, and that Court, after hearing the parties and any witnesses whom it may desire to call, may make such an order concerning the expenses or their apportionment as the Court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the Court may, at the request of the owner or occupier, determine the lease.If in the opinion of the Chief Inspector of Factories any building, part of a building, machine, plant, matter, thing or practice in a factory is dangerous or defective so as to constitute a threat to health or safety of any person, the Chief Inspector of Factories-
(a) shall send a written notice to the owner or occupier of the factory requiring such building, part of the building, machine, plant, matter, thing or practice to be vacated, repaired, removed, remedied or stopped, as the case may be, either forthwith or within such time as may be specified in such notice;
(b) may order work in such factory to be suspended until the requirements of the notice given under paragraph (a) have been complied with to the satisfaction of the Chief Inspector of Factories.
Any owner or occupier of a factory who receives a notice or order given under subsection shall comply therewith unless he intends to object thereto under subsection in which case, he shall cease to use the building, part of the building, machine, plant, matter, thing or practice to which the notice or order relates and shall forthwith withdraw all persons from the danger or defect until the case has been determined by the Commissioner in accordance with subsection.Provided that the Chief Inspector of Factories may, if he is of the opinion that there is no immediate danger to any person, grant written permission for work in such factory to continue for such period and upon such conditions as he may specify in such permission. Any owner or occupier of a factory who feels aggrieved by a notice or order given under subsection (1) may, immediately upon receipt of such notice or order, submit his objection thereto in writing to the Commissioner who shall thereupon determine the case and communicate his decision in writing.Any owner or occupier of a factory who is aggrieved by a decision of the Commissioner given under subsection (3) may, not later than seven days from the date of the receipt of such decision, request the Commissioner in writing to refer the case to the Minister and the Commissioner shall refer the case to the Minister whose decision thereon shall be given in writing and be final. Pending a decision by the Minister under subsection (4), the owner or occupier of the factory concerned shall not use the factory or any part, machine or plant thereof or any matter, thing or practice therein unless the prior written permission of the Commissioner has been granted.
Any owner or occupier of a factory who, save as is provided in this section, fails to comply with any notice, order or decision given under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units and, in the case of a continuing offence, to a further fine not exceeding one thousand five hundred penalty units for each day or part thereof during which such offence is continued.
(As amended by Act No. 24 of 1975 and Act No. 13 of 1994)
Any regulations made under the provisions of this Act may prescribe penalties for the contravention thereof not exceeding the penalties specified in section ninety-two. Penalties.The Minister may, by statutory instrument, make regulations-
(a) prescribing anything which under any provision of this Act is to be or may be prescribed; and
(b) prescribing the fees to be paid and the method of payment of such fees in respect of any examination or test carried out under the provisions of this Act by any inspector. Regulations
DANGEROUS OCCURRENCES
The following occurrences, if accidental, are scheduled for the purposes of section 77:
1. Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power.
2. Collapse or failure of a crane, derrick, winch, hoist, or other appliance used in raising or lowering persons, goods, material, plant or any part thereof, or the overturning of a crane.
3. Explosion or fire due to ignition of dust, gas or vapour.
4. Electrical short circuit or failure of electrical machinery, attended by explosion or fire, or any damage to an underground electrical system caused by excavation or otherwise.
5. Explosion or fire affecting any room in which persons are employed and causing suspension of ordinary work.
6. Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.
7. Explosion from a steam boiler or steam receiver.
INDUSTRIAL DISEASES
Below are discussed the industrial diseases:
1. Lead poisoning
2. Phosphorus poisoning
3. Arsenical poisoning
4. Mercurial poisoning
5. Anthrax
6. Carbon bisulphide poisoning
7. Aniline poisoning
8. Chronic benzene poisoning
9. Manganese poisoning
10. Compressed air illness
11. Cyanide poisoning
12. Toxic jaundice: that is, jaundice due to tetrachlorethane or nitro- or amido-derivatives of benzene or other poisonous substance.
13. Epitheliomatous-ulceration: that is, ulceration due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.
14. Chrome ulceration: that is, ulceration due to chronic acid or bichromate of potassium, sodium or ammonium or any preparation of any of these substances occurring in a factory.
15. Toxic anaemia: that is, pathological manifestations due to-
(a) radium or any other radio-active substances; or
(b) X-rays.
CONSTRUCTION (SAFETY AND HEALTH) REGULATIONS
Preliminary and Interpretations
These Regulations may be cited as the Construction (Safety and Health) Regulations, and shall apply-
(a) to building operations;
(b) to works of engineering construction;
as defined in section three of the Act, and undertaken by way of trade or business or for the purpose of any industrial or commercial undertaking, or by or on behalf of the Government or any local or other public authority.
"construction work" means any building operation or work of engineering construction;
"employer" means any person who, in connection with any construction work, employs or provides employment for or permits any other person in any manner whatsoever to assist in or about any construction work;
"hoist" means a lifting machine, whether worked by mechanical power or not, with a platform, carriage, cage, skip, bucket or other receptacle, the direction of movement of which is restricted by a guide or guides;
"ladder" does not include a step-ladder;
"ladder scaffold" means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder;
"lifting machine" means a crab, winch, pulley block or gin wheel used for raising or lowering, and a hoist, crane, sheer legs, excavator, drag line, piling frame, aerial cableway, aerial ropeway or overhead runway;
"lifting tackle" means chain slings, rope slings or similar gear, and rings, links, hooks, plate clamps, shackles, swivels or eye bolts;
"scaffold" means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed, and includes any working platform, gangway, run, ladder or step-ladder (other than an independent ladder or step-ladder which does not form part of such a structure) together with any guard-rail, toe-board or other safeguards and all fixings, but does not include a lifting machine or a structure used merely to support such a machine or to support machinery or plant;
"suspended scaffold" means a scaffold suspended by means of ropes or chains, and capable of being lowered or raised by such means, but does not include a boatswain's chair or similar appliance;
"trestle scaffold" includes a scaffold in which the supports for the platform are step-ladders, tripods or similar movable contrivances;
"working platform" includes a working stage;
"workman" means any person who is employed or permitted to assist in any manner whatsoever in or about any construction work;
"work of engineering construction", as defined in section three of the Act, is hereby extended to include-
the construction, structural alteration or repair (including repointing and repainting) or the demolition of all or any of the following:
(a) any steel or reinforced concrete structure other than a building;
(b) any airfield;
(c) any lake defence works or river works; and
(d) any other civil or constructional engineering works of a similar nature to any of the foregoing works.
Any person undertaking any construction work which he has reasonable grounds for believing will not be completed within a period of less than six weeks shall, immediately upon the commencement thereof, give to the Commissioner written notice stating the name and address of such person, the place and nature of the construction work, and whether or not any mechanical power is to be used therein and, if so, its nature:
Provided that no such notice shall be required in the case of any construction work which is to be undertaken upon a site where other construction work, in respect of which such a notice has been given, is in progress.
Notwithstanding the provisions of sub-regulation (1), the Commissioner may, by statutory order, require the giving of notice in respect of any class of construction work as may be specified in such order, even though the work is to be completed within a period of less than six weeks. Any notice given under the provisions of this regulation shall be given to the Commissioner through the inspector in the District in which the construction work concerned is to be carried out or, if no such inspector has been appointed, to the Commissioner direct. If the Commissioner is satisfied that, in the case of any particular class or description of plant or of any special description or method of work, the application of any requirement of these Regulations is, in any class or description of circumstances, not necessary in the interests of safety or not reasonably practicable, he may by certificate in writing (which he may at his discretion revoke at any time) grant an exemption from that requirement, subject to such conditions as may be specified in the certificate.
Scaffolds and Means of Access
Suitable and sufficient scaffolds shall be provided and erected for all construction work which cannot safely be done on or from the ground, or from part of a permanent structure, or from a ladder, or from other available means of support, and sufficient safe means of access shall be provided, so far as is reasonably practicable, to every place at which any person has at any time to work.No scaffold shall be erected, or be substantially added to or altered or be dismantled, otherwise than under the immediate supervision of a competent person, and so far as possible by competent workmen possessing adequate experience of such work.
All materials for use in any scaffold shall be inspected by a competent person on each occasion before being taken into use. Every scaffold and every part thereof shall be of good construction, of suitable and sound material, and of adequate strength for the purpose for which it is used. Sufficient material shall be provided for and shall be used in the construction of scaffolds.imber used for the construction of scaffolds shall be of suitable quality, be in good condition, have the bark completely stripped off, and not be painted or treated in any way so that defects cannot easily be seen. Metal parts used for scaffolds shall be of suitable quality and be in good condition and free from corrosion or other patent defect likely to affect their strength materially.
Every scaffold shall be securely supported or suspended and shall where necessary be sufficiently and properly strutted or braced to ensure stability.All structures and appliances used as supports for scaffolds shall be of sound construction, have a firm footing or be firmly supported, and shall where necessary be sufficiently and properly strutted or braced to ensure stability. Standards and uprights of scaffolds shall be, where practicable, vertical or slightly inclined towards the building or structure and be sufficiently close to ensure stability. Displacement of the foot of any standard shall be prevented by sinking into the ground or by placing the standard on a suitable plank or base plate, or by other adequate arrangements to prevent slipping. No part of a building or structure shall be used as support for part of a scaffold unless it is sufficiently strong and stable to afford safe support.Putlogs shall be straight or approximately straight. Putlogs having one end supported by a wall shall have a flat supporting surface at that end. Distances between putlogs shall be fixed with due regard to the nature of the platform and the load it will bear.Any travelling scaffold or scaffold which can be moved on wheels or skids shall, unless it is a suspended or slung scaffold, be-
(a) constructed with due regard to stability and, if necessary for stability, adequately weighted at the base;
(b) used only on a firm and even surface, not so sloping as to involve risk of instability of the scaffold or any load thereon;
(c) adequately secured to prevent movement when any person is working upon it;
(d) moved only by the application of force at or near the base. Travelling scaffolds
Chains, ropes and lifting gear used for the suspension of scaffolds shall be of sound material, adequate strength and suitable quality, and in good condition.
No rope other than a wire rope shall be used for the suspension of a scaffold:
Provided that this sub-regulation shall not apply in the case of a suspended scaffold which is raised or lowered otherwise than by means of winches, nor in the case of equipment used in lieu of a suspended scaffold in accordance with the provisions of regulation 14.
Chains, ropes and metal tubes used for the suspension of a scaffold, other than a suspended scaffold, shall be properly and securely fastened to safe anchorage points and to the scaffold ledgers or other main supporting members, and shall be so positioned as to ensure stability of the scaffold, and shall be approximately vertical and be kept taut.
Every scaffold suspended by means of ropes or chains shall be secured so as to prevent undue horizontal movement while it is used as a working platform. All scaffolds shall be properly maintained and every part shall be kept so fixed, secured or placed in position as to prevent, so far as is practicable, accidental displacement. Maintenance of scaffolds
No cantilever or jib scaffold shall be used unless it is adequately supported, fixed and anchored on the opposite side of the support, has outriggers of adequate length and cross-section, and is, where necessary, sufficiently strutted or braced to ensure rigidity and stability.No figure or bracket scaffold supported or held by dogs, spikes or similar fixings liable to pull out of the stonework or brickwork in which they are gripped or fixed shall be used.No suspended scaffold shall be used unless it complies with the following requirements:
(a) the platform shall be at least 500 millimetres wide and of adequate strength:
(b) the outriggers or other means of support are properly constructed, of adequate length and strength and properly installed and secured:
(c) the platform shall be provided with a suitable guardrail and toe-board or other efficient means to prevent the fall of persons or articles from the platform.
(As amended by S.1.No. 90 of 1974) Suspended scaffolds
A skip, bucket, basket, boatswain's chair or similar equipment shall not be used in lieu of a suspended scaffold, except in special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable, or where the use of a suspended scaffold is not reasonably practicable, and such equipment shall only be so used under the supervision of a responsible person. Skips, buckets, boatswain's chairs, etc.No equipment as is mentioned in sub-regulation (1) shall be used in lieu of a suspended scaffold unless- the equipment, including all the suspension ropes or chains and their means of support, are of good construction, sound material, adequate strength and free from patent defect, and the ropes or chains are securely attached; and suitable measures are taken to prevent spinning or tipping and to prevent any occupant from falling therefromNo skip, bucket or basket shall be used in lieu of a suspended scaffold unless it is-
(a) at least 800 millimetres deep; and
( b) either constructed wholly of suitable metal or carried by two strong bands of suitable metal which are properly fastened and continue round the sides and bottom.
(As amended by S.1. No. 90 of 1974)
No trestle scaffold shall be used-
(a) if constructed with more than three tiers; or
(b) if it has a working platform more than 4,500 metres above the ground or floor or other surface upon which the scaffold is erected.
(2) No trestle scaffold shall be erected on a scaffold platform unless-
(a) the width of the platform is such as to leave sufficient clear space for the transport of materials; and
(b) the trestles or uprights are firmly attached to the platform and adequately braced to prevent displacement.
(3) No trestle scaffold shall be erected on a suspended scaffold.
(As amended by S.1. No. 90 of 1974)
Ladder scaffolds shall be of adequate strength and used only for light work. Ladder scaffolds .Scaffolds in use, together with all fittings and connections, shall be inspected at least once a week by a competent person deputed by the employer, and a record in the form set out in the First Schedule shall be kept of all such inspections.
Where a scaffold or part thereof is to be used by or on behalf of an employer, other than the employer for whose workmen it was first erected, the first-mentioned employer shall, before such use, and without prejudice to any other obligations imposed upon him, take express steps, either personally or by a competent agent, to satisfy himself that the scaffold or part thereof is stable, that the materials used in its construction are sound, and that the safeguards required by these Regulations are in position. Scaffolds used by workmen of more than one employer .Scaffolds shall not be overloaded and materials shall not be kept thereon unless needed within a reasonable time.
Working Platforms, Working Places, Gangways, Etc.
WORKING PLATFORMS
Every working platform from which a person is liable to fall more than 2 metres shall be-
(a) closely boarded, planked or plated;
(b) at least 500 millimetres wide if the platform is used as a footing only and not for the deposit of any material;
(c) at least 1 metre wide if the platform is used for the deposit of material;
(d) at least 1,250 metres wide if the platform is used for the support of any higher platform:
Provided that-
(i) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a suspended scaffold, or in the case of a platform not less than 500 millimetres wide being the platform of a ladder scaffold or of a trestle scaffold where the work is of such a light nature and the material required for the work is such that a platform less than 1 metre wide can be used with safety, and the platform is not used for the support of any higher platform;
(ii) the requirements of paragraphs (b) and (c) shall not apply in the case of a platform of a scaffold which has to be placed in a confined space, where these requirements are impracticable and the platform is as wide as practicable.
No working platform resting on bearers let into a wall at one end and without other support shall be used unless the bearers are of adequate strength, pass through the wall and are securely fastened on the other side. Loose bricks, drainpipes, fuel drums or other unsuitable material shall not be used for the construction or support of scaffolds save that bricks or small blocks may, if they provide a firm support, be used to support a platform not more than two feet above the ground or floor.
(As amended by S.I. No. 90 of 1974) .All boards or planks forming part of a working platform, gangway or run shall be of such thickness and so supported as to prevent undue or unequal sagging and also so supported or secured as to prevent tipping or spreading.
Suitable measures such as the provision of adequate bevelled pieces shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run overlap each other or are not of reasonably uniform thickness where they meet each other or, owing to warping or for some other reason, do not provide an even surface. Subject to the provision of sub-regulations (3), (4) and (5), every side of a working platform or working place, being a side thereof from which a person is liable to fall a distance of more than 2 metres, shall be provided with a suitable guard-rail or guard-rails of adequate strength, to a height of at least 1 metre above the platform or place and above any raised standing place on the platform or place, and with toe-boards up to a sufficient height, being in no case less than 205 millimetres, and so placed as to prevent so far as possible the fall of persons, materials and tools from such platform or place.The guard-rails and toe-boards used on a working platform or working place shall be placed on the inside of the uprights, and the space between any toe-board and the lowest guard-rail above it shall not exceed 700 millimetres.
It shall not be necessary to have a guard-rail up to 1 metre above the platform or place where this is impracticable on account of the nature or special circumstances of the work-
(a) if there is a guard-rail up to a height of at least 700 millimetres; or
(b) if, where a guard-rail up to a height of 700 millimetres is impracticable, secure handholds are provided for persons endangered by the absence of a guard-rail up to that height.
Guard-rails and toe-boards required by sub-regulations (1) and (2) may be removed or remain unerected for the time and to the extent necessary for the access of persons or the movement of materials.
The requirements of sub-regulations (1) and (2) shall not apply-
(a) in respect of toe-boards, to the platform of a ladder scaffold or a trestle scaffold, or where and so far as the provision of a toe-board is impracticable on account of the nature or special circumstances of the work;
(b) in respect of guard-rails, to the platform of a ladder scaffold if a secure handhold is provided for the full length of such platform, nor to the platform of a trestle scaffold when the platform is supported on folding trestles or step-ladders;
(c) to a platform provided with suitable guard-rails which is on a sloping surface;
(d) to a temporary platform which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a platform with guard-rails and toe-boards unreasonable, so long as-
(i) the platform is at least 1 metre wide; and
(ii) there is adequate handhold; and
(iii) the platform is not used for the deposit of tools or materials otherwise than in boxes or receptacles suitable to prevent the fall of the tools or materials from the platform.
(As amended by S.I. No. 90 of 1974)
CONSTRUCTION OF GANGWAYS AND RUNS
Every gangway or run from any part of which a person is liable to fall a distance of more than 2 metres shall-
(a) be closely boarded, planked or plated:
Provided that this paragraph shall not apply to a gangway or run which is part of the fixed equipment of a structure and the boards, plates or planks of which are so secured as to prevent their moving and so placed that the space between adjacent boards, plates or planks does not exceed 25 millimetres, and there is no risk of persons below such gangway or run being struck by tools or other objects falling through such gangway or run;
(b) be at least 500 millimetres wide.
No gangway, run or working platform shall be used for the passage of materials unless it affords a clear passage-way which is adequate in width for the passage of the materials without the removal of the guard-rails or toe-boards and in any case is not less than 700 millimetres wide.No gangway or run shall be used the slope of which exceeds one vertical to three horizontal.Where the slope of any gangway or run renders additional foothold necessary, and in every case where the slope exceeds one vertical to four horizontal, there shall be provided proper stepping laths which shall-
(a) be placed at suitable intervals; and
(b) be the full width of the gangway or run, except that they may be interrupted over a width of not more than 100 millimetres to facilitate the movement of barrows.
(As amended by S.I. No. 90 of 1974)
All gangways, runs and stairs from which a person is liable to fall a distance of more than 2 metres shall be provided with-
(a) suitable guard-rails of adequate strength to a height of at least 1 metre above the gangway, run or stair;
(b) except in the case of stairs, toe-boards up to a sufficient height, being in no case less than 205 millimetres and so placed as to prevent so far as possible the fall of persons, materials and tools; the space between any such toe-board and the lowest guard-rail above it shall not exceed 700 millimetres: Provided that the provisions of this regulation shall not apply to a temporary gangway which is used only by erectors of structural steelwork or ironwork for the purposes of bolting-up, rivetting or welding work of such short duration as to make the provision of a gangway with guard-rails and toe-boards unreasonable.
(As amended by S.I. No. 90 of 1974)
Every platform, gangway, run or stair shall be kept free from any unnecessary obstruction, or projections, material or rubbish and from any projecting nails.If any platform, gangway, run or stair becomes slippery, appropriate steps shall, as soon as is reasonably practicable, be taken to remedy the defect.Every ladder and step-ladder shall be of good construction, sound material and adequate strength for the purpose for which is it used.Ladders or step-ladders shall have a level and firm footing and shall not stand on loose bricks or other loose packing.Every ladder shall be properly placed and secured so that it cannot move from its position, and if it cannot be so secured it shall be secured as far as is practicable; if the ladder is supported but not securely fixed at the base a person shall, if practicable, be stationed at the base of the ladder to prevent slipping.
(4) No ladder shall be used which has-
(a) a missing or defective rung; or
(b) any rung which depends for its support solely on nails, spikes or other similar fixing.
No wooden ladder shall be used unless it is constructed with-
(a) uprights of adequate strength;
(b) rungs made of straight grained wood free from defect and mortised or securely notched into the uprights;
(c) reinforcing metal ties if the tenons are not secured by wedges.
Where a ladder, other than a crawling ladder, is used as a means of communication or as a working place, the ladder shall rise, or an adequate handhold shall be provided, to a height of at least 1 metre above the place of landing or the highest rung to be reached by the feet of any person working on the ladder, as the case may be, or, if that is impracticable, to the greatest practicable height.Every ladder or run of ladders rising a vertical distance of over 9 metres shall, if practicable, unless fitted with a safety cage or safety hoops, be provided with an intermediate landing place or places so that the vertical distance between two successive landing places shall not exceed 9 metres.
(As amended by S.I. No. 90 of 1974)
Every accessible opening left in a roof, wall or floor of a building or structure, or in a working platform, gangway or run, through which any person is liable to fall a distance of more than 2 metres, shall be provided with suitable guard-rails and toe-boards or coverings to prevent the fall of persons or materials or articles through the opening, except where and when access is required for workmen or for the movement of materials, or for the completion of the building or permanent filling in of the opening.
(As amended by S.I. No. 90 of 1974) Openings left in roofs, walls, floors, etc.Where any person is employed in connection with any construction work to which these Regulations apply, on a sloping roof without adequate footholds or handholds and having a pitch of more than 10 degrees, suitable and sufficient crawling ladders or duck-boards shall be provided and used, and such ladders or duck-boards shall be secured to prevent their slipping,Where all the work cannot be done from secured crawling ladders or duck-boards and where the sloping roof has a pitch of more than 30 degrees or the covering of the roof has a slippery surface, and where a person is liable to fall a vertical distance of more than 2 metres from the edges or the eaves, a parapet or barrier shall be provided at the lower edges or eaves of the roof, so as to prevent any person falling off the roof.Without prejudice to the foregoing provisions, no person shall pass across, or work on or from material which is liable to fracture and is so situated that he would be liable to fall a distance of more than 2 metres, unless suitable and sufficient ladders, crawling ladders or duck-boards are provided, secured, and used.
Prominent warning notices shall, except where the material is glass, be affixed at the approaches to fragile material.
(As amended by S.I. No. 90 of 1974)
Every working place and approach thereto connected with any construction work shall be adequately lighted.
LIFTING MACHINERY
Every lifting machine and every part thereof including all working gear and all other plant or equipment used for anchoring or fixing such machinery shall be of good mechanical construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.
No crane which has any timber structural member shall be used.Every part of the framework of every crab or winch, including the bearers, shall be of metal. Every platform for the person or persons driving or operating a crane, or for any signaller, shall be-
(a) of sufficient area for the persons employed thereon;
(b) close planked or plated;
(c) provided with safe means of access;
(d) provided with guard-rails and toe-boards where necessary to prevent danger.
Every travelling jib crane on rails shall be provided with guards to remove any loose material from the track.The rail track on which a travelling crane moves shall be of sound construction, properly laid, maintained in good condition, as level as far as practicable, and provided with effective stops at the ends.Every travelling crane shall be fitted with effective brakes.Every travelling crane shall be fitted with an effective whistle or other warning device. Every lifting machine shall be adequately and securely supportedSupport, anchoring and stability.The anchoring or fixing arrangements of every lifting machine shall be adequate and secure. Every temporary attachment or connection of a rope, chain or other plant or equipment used in the erection or dismantling of any lifting machine shall be adequate and secure. No mobile lifting machine shall be used on a soft or uneven surface or on a slope in circumstances in which the stability of the machine is likely to be affected, unless adequate precautions are taken to ensure its stability.No fixed crane shall be used unless it is securely anchored or adequately weighted by suitable ballast properly placed on the crane structure so as to ensure stability.Where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the position and amount of such weights shall be affixed on the crane where it can readily be seen.
On every stage, gantry or other place where a lifting machine having a travelling or slewing motion is used, an unobstructed passageway not less than 610 millimetres wide shall be maintained between any part of the machine liable so to move and any guard-rails, fencing or nearby fixtures: Provided that if at any time it is impracticable to maintain such a passage-way at any place or point, all reasonable steps shall be taken to prevent the access of any person to such place or point at any time.
(As amended by S.I. No. 90 of 1974)
A crane shall not be erected or dismantled except under the supervision of a competent person. Erection and dismantling .The jib of a scotch derrick crane shall not be erected between the back stays of the crane. Effective measures shall be taken to prevent the foot of the king post of any scotch derrick crane from being lifted out of its socket or support whilst in use. Every drum or pulley round which the chain or wire rope of any lifting machine is carried shall be of suitable diameter and construction for the chain or rope used. Every chain or rope which terminates at the winding drum of a lifting machine shall be properly secured thereto, and at least two turns of such chain or rope shall remain on the drum in every operating position of the machine.
Every crane, crab and winch shall be provided with an efficient brake or brakes or other safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled whilst being lowered.On every lifting machine, every lever, handle or wheel provided for controlling the operation of any part of the machine shall, where practicable, be provided with a suitable locking device to prevent accidental movement or displacement of the lever, handle or wheel, unless it is so placed or constructed as to prevent such accidental movement or displacement, or unless the machine is so constructed that such accidental movement or displacement will not affect the machine in a manner liable to cause danger. Every lever, handle, wheel, switch or other device provided for controlling the operation of any part of a lifting machine shall have upon or adjacent to it clear markings to indicate its purpose and mode of operation:
Provided that this sub-regulation shall not apply to rotating handles for raising or lowering the load in the case of a winch or non-derricking jib crane not operated by mechanical power. The rotating handle of any hand operated crane shall be removed when lowering the load on the brake. Every machine used for raising and suspending a pile driving hammer which operates by gravity shall be provided with adequate means of control, including efficient brakes and there shall be suitable scotches or stops for every such hammer. On every crane having a derricking jib operated through a clutch, there shall be provided and properly maintained an effective interlocking arrangement between the derricking clutch and the pawl sustaining the derricking drum, which shall ensure that the clutch cannot be disengaged unless the pawl is in effective engagement with the derricking drum, and the pawl cannot be disengaged unless the clutch is in effective engagement with the derricking drum:
Provided that this sub-regulation shall not apply to any crane in which-
(i) the hoisting drum and the derricking drum are independently driven; or
(ii) the mechanism driving the derricking drum is self-locking.
Without prejudice to sub-regulation (2), the hoisting mechanism of a crane shall not be used for any purpose other than raising or lowering a load vertically, unless no undue stress is imposed on any part of the crane structure or mechanism, and the stability of the crane is not thereby endangered and unless such use is supervised by a competent person.
A crane with a derricking jib shall not be used with the jib at a radius exceeding the maximum radius at which the jib may be worked and which is required to be plainly marked upon the crane by regulation 38.The safe working load or safe working loads and a means of identification shall be plainly marked upon every crane, crab or winch and upon every pulley block, gin wheel, sheer legs or derrick pole or mast used in the raising or lowering of any load. Every crane with a derricking jib shall have plainly marked upon it the safe working loads at various radii of the jib, and the maximum radius at which the jib may be worked, and be fitted with an accurate indicator clearly visible to the driver, showing the radius of the jib at any time and the safe working load corresponding to that radius.
A crane, crab, winch, pulley block, gin wheel, sheer legs, derrick pole, mast or any part of such machine shall not be loaded beyond the safe working load, provided that for the purpose of making tests of any such machine the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise. Load not to exceed safe working load.Where there is lifted on a crane, crab, winch (other than a piling winch), sheer legs or aerial cableway, a load which is equal to or slightly less than the relevant safe working load and which is not already sustained wholly by the machine, the lifting shall be halted after the load has been raised a short distance and before the operation is proceeded with.Where more than one lifting machine is required to raise or lower one load-
(a) the plant or equipment used shall be so arranged and fixed that no such lifting machine shall at any time be loaded beyond its safe working load or be rendered unstable in the raising or lowering of the load; and
(b) a competent person shall be specially appointed to supervise the operation.
No crane, crab, winch, hoist, pulley block, gin wheel or sheer legs shall be used for the first time unless it has been tested and thoroughly examined by a competent person or certified by the manufacturer of the machine. A certificate of the test and examination specifying the safe working load or loads shall be kept available for inspection. 42. Every lifting machine and all plant or gear used for anchoring or fixing such machine shall, as far as the construction permits, be inspected for patent defects by a competent person at least once in every week. No lifting machine shall be used unless it has been thoroughly examined by a competent person within the previous fourteen months, or, in the case of a hoist, within the previous six months, and following any substantial alteration or repair. The whole of the appliances for the anchorage or ballasting of a crane shall be examined by a competent person on each occasion before the crane is erected.
(2) After each erection of a crane on a construction site and after each removal of a crane about or to such a site, or any adjustment to any member of a crane, being a removal or adjustment which involves changes in the arrangements for anchoring or ballasting the crane, the security of the anchorage or the adequacy of the ballasting, as the case may be, shall, before the crane is taken into use, be tested by a competent person, by the imposition either-
(a) of a load of twenty-five per centum above the maximum load to be lifted by the crane as erected at the positions where there is the maximum pull on each anchorage; or
(b) of a less load arrangement to provide an equivalent test of the anchorage or ballasting arrangements.
45. Where any person engaged on the examination, repair or lubrication of any lifting machine is liable to fall a distance of more than 2 metres there shall, so far as is reasonably practicable, be provided and maintained safe means of access to the place at which the person has to work, with, where necessary, adequate footholds and handholds.
(As amended by S.I. No. 90 of 1974) Safe means of access
46. (1) A lifting machine shall not be operated except by a person trained and competent to operate that machine, except that it shall be permissible for such machine to be operated by a person who is under the direct supervision of a qualified person for the purpose of training. Operation and signalling
(2) Where the person operating a lifting machine (other than a hoist subject to Part V) has not a clear and unrestricted view of the load, or, where there is no load, of the point of attachment for a load, and of its vicinity, throughout the operation, except at any place where such a view is not necessary for safe working, there shall be-
(a) appointed and suitably stationed one or more competent persons as may be necessary to give the necessary signals to the operator; or
(b) effective apparatus or devices provided and used to give sound, light or colour signals to the operator.
(3) Every signal for the movement or stopping of a lifting machine or its load, as required by subsection (2), shall be of a distinctive character and such that the person to whom it is given is able to see or hear it easily.
(4) Devices or apparatus used for giving sound, light or colour signals shall be efficient and properly maintained and signal wires shall be adequately protected from accidental interference.
HOISTS
Accessible parts of the hoistway of every hoist shall be efficiently protected to prevent any person falling down the hoistway or coming into contact with any moving part of the hoist or falling from a hoist platform at rest at a landing or loading place. The installation arrangements of every hoist shall at any one time be such that it can be operated from only one position. If the person operating a hoist has not a clear and unrestricted view of the platform, carriage, cage, skip, bucket or other receptacle throughout its travel, except at points where such view is not necessary for safe working, then effective arrangements shall be made for signals for operating the hoist to be given to him from each landing place at which the hoist is used and to enable him to stop the platform, carriage, cage, skip, bucket or other receptacle at the appropriate level.No person shall ride upon the platform or in the receptacle of a hoist intended only for the carriage of goods, materials, plant or equipment, and there shall be a readily legible notice on the platform or receptacle or at each landing place at which the hoist is used stating that the carriage of persons is prohibited.In connection with every hoist there shall be provided and maintained efficient devices which will support the platform, carriage, cage, skip, bucket or other receptacle together with its safe working load in the event of failure of the hoist rope or ropes or any part of the hoisting gear. In connection with every hoist there shall be provided and maintained efficient automatic devices which will ensure that the platform, carriage, cage, skip, bucket or other receptacle does not overrun the highest point to which it is for the time being constructed to travel. Every hoist used for carrying persons shall be provided with a cage which is so constructed as to prevent any person carried from falling out, or from being trapped between any part of the cage and any fixed structure or any moving part of the hoist, or from being struck by articles or material falling down the hoistway.Every cage of a hoist used for carrying persons shall be suspended by means of at least two ropes, each rope and its attachments being such as to carry with safety the whole weight of the cage and its safe working load.
In connection with every hoist used for carrying persons, there shall be provided suitable efficient automatic devices which will ensure that the cage comes to rest at a point above the lowest point to which the cage can travel.Every hoist in which any person is being carried shall be operated from the cage of the hoist only. Where a hoist is operated by means of a winch, the winch shall be so constructed that the brake is applied when the control lever, handle or switch is not held in the operating position, and the winch shall not be a winch fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the platform, carriage, cage, skip, bucket or other receptacle can be lowered.
The safe working load shall be plainly marked on every hoist platform, carriage, cage, skip, bucket or other receptacle. In the case of a hoist used for carrying persons, the maximum number of persons to be carried at any one time shall also be so marked, and a greater number of persons shall not be so carried. Safe working load of hoists
LIFTING TACKLE AND PLANT
The following provisions shall be complied with as respects every chain, rope or lifting tackle used in raising or lowering or as means of suspension:
(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect;
(b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use and, in the case of a multiple sling, the safe working loads at different angles of the legs shall be posted in the store in which the chains, ropes or lifting tackle are kept and in prominent positions on the site of the construction work, or, alternatively, in relation to any lifting tackle, the safe working load thereof, or, in the case of a multiple sling, the safe working load at different angles of the legs, shall be plainly marked upon it;
(c) no chain, rope or lifting tackle shall be used for any load exceeding the safe working load, except for the purpose of making tests;
(d) the safe working load of any chain, rope or lifting tackle shall be that determined by a competent person or by the makers thereof in so far as such information from the makers is available;
(e) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months.
Every hook used for raising or lowering or as means of suspension shall be of such design as to reduce as for as possible the risk of displacement of the sling or load from the hook.Every chain sling or rope sling used for raising or lowering on a lifting machine shall be securely attached to the machine, and the method of attachment shall not be a method likely to result in any damage to any part of the sling or to any lifting tackle supporting it. No double or multiple sling shall be used for raising or lowering if-
(a) the upper ends of the sling legs are not connected by means of a shackle, ring or link of adequate strength: or
(b) the safe working load of any sling leg is exceeded as a result of the angle between the sling legs.
Adequate precautions shall be taken by the use of suitable packing or otherwise to prevent the edges of the load from coming into contact with any sling, rope or chain, so as to cause danger.Every part of the load shall be securely suspended or supported whilst being raised or lowered and shall be adequately secured to prevent danger from slipping or displacement.Where by reason of the nature or position of the operation a load is liable, whilst being moved on a lifting machine or lifting tackle, to come into contact with any object so that the object may become displaced, special measures shall be adopted to prevent the danger so far as is reasonably practicable.Every container or receptacle used for raising or lowering stone, bricks, tiles, slates or similar objects shall be so enclosed, constructed or designed as to prevent the accidental fall of such objects:
Provided that this requirement shall not apply to a grab, shovel or similar excavating receptacle if effective steps are taken to prevent any person being endangered by a fall of objects therefrom. Goods or loose material shall not be placed directly on a platform of a hoist unless such platform is enclosed or other effective precautions are taken where necessary to prevent the fall of any such goods or material. No truck or wheelbarrow shall be carried on a hoist platform unless it is effectively scotched or secured on the platform.No loaded truck or wheelbarrow shall be carried on the open platform of a hoist unless the truck or wheelbarrow is so loaded that no part of the load is liable to fall off.
No load shall be left suspended from a lifting machine unless a competent person is actually in charge of the machine.No person shall be raised, lowered or carried by a crane except on the driver's platform.No person shall be raised, lowered or carried by a power-driven lifting machine except-
(a) on the driver's platform in the case of a crane; or
(b) on a hoist; or
(c) on a suspended scaffold of a type approved by an inspector; or
A person may be raised, lowered or carried by a power-driven lifting machine otherwise than in accordance with the provisions of sub-regulation (1) only-
(a) in circumstances where the use of a hoist or of an approved suspended scaffold is not reasonably practicable and the requirements of sub-regulation (3) are complied with; or
(b) on an aerial cableway or aerial ropeway provided that the requirements of paragraphs (b) to (d) of sub-regulation (3) are complied with.
The requirements referred to in sub-regulation (2) are-
(a) that the machine can be operated from one position
only;
(b) that any winch used in connection with the machine shall comply with regulation 51.
(c) that no person shall be carried except-
(i) in a suitable chair or cage; or
(ii) in a suitable skip or other receptacle at least 1 metre deep; and any such chair, cage, skip or other receptacle shall be of good construction, sound material, adequate strength and properly maintained, and shall be provided with suitable means to prevent any occupant falling out and shall not contain material or tools liable to interfere with his handhold or foothold or otherwise endanger him; and
(d) that suitable measures shall be taken to prevent the chair, cage, skip or other receptacle from spinning or tipping in a manner dangerous to any occupant.
(As amended by S.I. No. 90 of 1974) .A report of the result of any test, examination or inspection required by regulations 41, 42, 43, 44 and 53 shall, as soon as practicable after the completion of such test, examination or inspection, be supplied by the competent person to the person undertaking the construction work. The Commissioner may from time to time specify the particulars which shall be entered in any register to be kept under the provisions of this regulation by the person undertaking construction work.A register kept under the provisions of this regulation shall be kept either at the site of the construction work to which it applies or, where this is not practicable, at the office of the person undertaking such construction work. All reports, certificates and other documents kept in the register and required by these Regulations shall at all reasonable times be open to inspection by an inspector. The person keeping any such report, certificate or other document shall send to any inspector such extracts therefrom or copies thereof as the inspector may from time to time require for the purpose of the execution of his duties under the Act.
If it is shown to the satisfaction of the Commissioner that it is unnecessary or unreasonable in the special circumstances of a case or class of lifting machine, hoist, lifting tackle or plant subject to Parts IV, V and VI to enforce any of the requirements, he may by certificate grant exemption from compliance with such requirements.
EXCAVATIONS, SHAFTS AND TUNNELS
Every part of any excavation, shaft, earthwork and tunnel where persons are employed shall be inspected by a competent person at least once every day during which persons are employed and at the beginning of every shift. The competent person shall keep a record of such inspections which shall be kept available at the site for any examination by an inspector. An adequate supply of timber of suitable quality or other suitable material shall where necessary be provided and used to prevent, so far as is reasonably practicable and as early as is reasonably practicable in the course of the work, danger to any person employed from a fall or dislodgement of earth, rock or other material forming the side or roof of or adjacent to any excavation, shaft, earthwork or tunnel:
Provided that-
(i) this regulation shall not apply where the competent person has certified that the work can be carried out in safety, having regard to the nature and slope of the side of the excavation or earthwork and other circumstances, and that no fall or dislodgement of earth or other material so as to bury or trap a person employed, or so as to strike a person employed, is liable to occur;
(ii) this regulation shall not apply in relation to a person actually engaged in timbering or other work which is being carried out for the purpose of compliance with this regulation, if appropriate precautions are taken to ensure his safety as far as circumstances permit. No timbering or plant used to retain or support any part of an excavation, shaft, earthwork or tunnel shall be erected or be substantially added to, altered or dismantled except under the direction of a competent person.No person shall be employed in any part of any excavation, shaft, earthwork or tunnel after any unexpected substantial fall of earth or rock or other material in the vicinity of such part until the sides and, where necessary, the roof, have been inspected by a competent person and such person has certified that the operations may be carried out in safety.This regulation shall not apply to persons carrying out inspections required by this regulation or actually engaged in timbering or other work for the purpose of making a place safe, if appropriate precautions are taken to ensure their safety as far as circumstances permit. No excavation, shaft, earthwork or tunnel which is likely to reduce, so as to endanger any person employed, the security or stability of any part of any structure, whether temporary or permanent, shall be commenced or continued unless adequate steps are taken before and during the progress of the work to prevent danger to any person employed from the collapse of the structure or the fall of any part thereof.
Every accessible part of an excavation, shaft, pit or opening in the ground into or down the side of which a person employed is liable to fall a vertical distance of more than 2 metres shall be provided with a suitable barrier to a height of at least 610 millimetres and as close as is reasonably practicable to the edge, or shall be securely covered:
Provided that the foregoing requirement shall not apply to any part of an excavation, shaft, pit or opening while (and to the extent to which) the absence of such barrier and covering is necessary for the access of persons or for the movement of plant or materials or while (and to the extent to which) it has not yet been practicable to erect such barrier or covering since the formation of that part of the excavation, shaft, pit or opening.
Materials shall be cleared to a distance of at least 1,550 metres from the edges of an excavation, shaft, pit or opening in the ground so as not to endanger persons employed below.
No load shall be placed or moved near the edge of any excavation, pit or shaft where it is likely to cause a collapse of the side of the excavation, pit or shaft and thereby endanger any person.
(As amended by S.I. No. 90 of 1974)
In the open face working of any excavation no undercutting shall be allowed and no vertical face shall, so far as is reasonably practicable have a height of more than 1,550 metres but such open face shall be worked in terraces or at an angle of safety. All debris and other loose matter or stones on the surface shall be cleared to a distance of at least 1,550 metres from the edge of the working.
(As amended by S.I. No. 90 of 1974) Open face excavations
Every excavation, shaft or tunnel shall have safe and reliable means of entry and exit for persons employed and, as far as is reasonably practicable, the means of entry and exit shall be provided at intervals not exceeding 15 metres.
(As amended by S.I. No. 90 of 1974) Means of entry and exit
All persons working in shafts, tunnels and in other construction work, where there is a similar risk of head injuries, shall be provided with suitable protective hard hats, which shall be worn by the persons concerned. Explosives at construction sites shall not be handled or used except by or under the immediate control of a competent person with adequate knowledge of the dangers connected with their use, and steps shall be taken to see that, when a charge is fired, persons employed are in positions in which, so far as can be anticipated, they are not exposed to risk of injury from the explosion or from flying material.In addition to the above requirement, the use of explosives in construction work will be subject to any regulations controlling the use of explosives which are enforced by the Chief Inspector of Mines.
DEMOLITION
Before demolition is commenced and also during the progress of the work-
(a) no electric cable or apparatus which is liable to be a source of danger, other than a cable or apparatus used for the operation, shall remain electrically charged; Avoidance of danger from electric cables, fire and water
(b) all practicable steps shall be taken to prevent danger to persons employed-
(i) from risk of fire or explosion through leakage or accumulation of gas or vapour; and
(ii) from risk of flooding from water mains, sewers or culverts.
No floor, roof or other part of a building shall be so overloaded with debris or materials as to render it unsafe. Overloading of floors, etc.
Before any steelwork or ironwork is cut or released, precautions shall be taken, so far as is practicable, to avoid danger from any sudden twist, spring or collapse. Removal of steelwork
Before demolition is commenced, and also during the progress of the work, precautions shall, where necessary, be taken by adequate shoring or otherwise to prevent, as far as practicable, the accidental collapse of any part of the building or any adjoining building, the collapse of which may endanger any person employed. Shoring to prevent collapse
All demolition and operations incidental thereto shall be specifically placed under the supervision of a competent person experienced in demolition operations. Supervision
TRANSPORT
All rails forming a rail track and every gantry or elevated structure carrying rails on which trucks, wagons or any other conveyances are moved by a locomotive or other form of mechanical haulage, shall be properly constructed, adequately supported and maintained so as to ensure the stability of any locomotive, truck, or wagon, etc., on the track. Every rail track shall be provided at each end with adequate stop blocks, buffers and, where practicable, automatic braking devices.Every locomotive, wagon and truck used for transport purposes shall be properly maintained. On every level on which mechanical haulage is employed, adequate clearance shall be maintained between the sides of the level and the trucks unless suitable recesses are provided at intervals of not more than 30 metres. All reasonable steps shall be taken to avoid or obviate low clearance and overhead obstructions.
(As amended by S.I. No. 90 of 1974) Clearance
Every gantry or elevated structure carrying rails on which a locomotive, truck or wagon moves shall be properly constructed and maintained and, at every part along which persons employed have to pass on foot, shall be provided with a suitable and adequate footway.Every locomotive or other type of mechanical haulage shall be fitted with an effective whistle or other warning device. It shall be the duty of the person in charge of any locomotive, truck, or train of trucks to ensure that such locomotive or truck or the leading unit of a train of trucks has an adequate light affixed to the front of it when in motion in the dark.No person shall be required or permitted to ride on a buffer or on a running board or in any other insecure position on any locomotive, truck, wagon or other vehicle, except where adequate handholds and footholds are provided.No person shall be required or permitted to remain on any truck, wagon or other vehicle during the loading or unloading of loose materials by means of a grab, excavator or similar appliance, if he is endangered by so remaining.
A mechanically propelled vehicle or a mechanically drawn trailer-vehicle if owned or used by, or hired by and operated under the control of, a contractor or employer of workmen at any construction site to which these Regulations apply and used for conveying workmen, goods or materials for the purpose of such operations shall, when being moved at a site where such construction work is carried on (whether or not workmen, goods or materials are actually being conveyed on the vehicle at the time)-
(a) be in an efficient state, in efficient working order and in good repair and not be used in an improper manner; and
(b) not be loaded in such a manner or to such an extent as to interfere with the safe driving or operation of the
vehicle.
This regulation shall not apply to locomotives, trucks or wagons on lines of rails. On every inclined track where trucks are worked, attached to a rope or chain, adequate safety devices shall be provided to prevent danger from runaway trucks. Where any vehicle is used for tipping material into any excavation or pit or over the edge of any embankment or earthwork, adequate measures, such as the provision of suitable stop blocks, shall be taken where necessary so as to prevent such vehicle from over-running the edge of such excavation, pit, embankment or earthwork.
HEALTH
At every site where persons are employed in operations to which these Regulations apply-
(a) (i) a sufficient number of first-aid boxes or cases shall be available in readily accessible positions while work is going on; First-aid, ambulance and ambulance room
(ii) in the case of a site where more than one hundred persons are employed, there shall be provided and available suitable stretchers and a vehicle capable of efficiently carrying an injured person on a stretcher:
Provided that this sub-paragraph shall not apply if specific arrangements have been made for obtaining an ambulance and stretchers promptly, when required, from a hospital or other place in the immediate vicinity of the site;
(iii) a suitable sling stretcher or other appliance for raising injured persons shall be readily available where work is being carried on in an excavation, shaft or other place, the proper removal from which of a seriously injured person is liable to call for the use of such an appliance;
(iv) nothing except appliances or requisites for first-aid shall be kept in a first-aid box or case;
(b) every first-aid box or case shall-
(i) contain such equipment as by law provided which shall be kept clean and in good condition;
(ii) be placed under the charge of a responsible person who shall be capable of giving first-aid and be readily available;
(c) in the following cases, namely:
(i) in the case of a site where more than five hundred persons are intended to be or have been employed at any one time and the number so employed is for the time being more than two hundred and fifty; and
(ii) in the case of a site at which more than two hundred and fifty persons are intended to be or have been employed and which is more than sixteen kilometres from a hospital and at which the number so employed is for the time being more than one hundred;
there shall be provided a properly constructed ambulance room with equipment at least up to such standards as prescribed in the Second Schedule, The room shall be in the charge of a suitably qualified person and a record shall be kept of all cases of sickness or accident treated at the room. An adequate supply of wholesome drinking water shall be provided at a convenient point or points and clearly marked "Drinking Water". There shall be provided, if an inspector so directs, at or in the immediate vicinity of any site where persons are employed in operations to which these Regulations apply-
(a) conveniently accessible and suitable accommodation for taking shelter during interruptions owing to bad weather;
(b) conveniently accessible and suitable accommodation for changing clothing;
(c) adequate and suitable accommodation for taking meals.
Sufficient and suitable sanitary conveniences for all persons employed at a construction site shall be provided by the main contractor or employer of workmen undertaking the operations. Where in connection with any grinding, cleaning, spraying or manipulation of any material, there is given off dust or fume of such a character and to such an extent as to be likely to be injurious to the health of persons employed, suitable respirators or otherwise shall be provided to prevent inhalation of such dust or fume.
Where the following processes are carried on, that is to say:
(a) dry grinding of surfaces of metal, stone, concrete or similar materials by means of a wheel or disc driven by mechanical power;
(b) cutting, dressing or carving of stone, concrete or similar materials by means of a portable tool driven by mechanical power;
(c) chipping or scaling of painted or corroded metal surfaces or wire-brushing of such surfaces by mechanical power;
(d) cutting out and cutting off of cold rivets from any structure or part thereof; and
(e) welding or cutting of metals by means of an electrical, oxy-acetylene or similar process; suitable goggles or screens shall be provided to protect the eyes of persons employed in the process.Effective steps shall be taken to secure and maintain the adequate ventilation of every working place in any excavation, pit, hole, adit, tunnel, shaft, caisson, or other enclosed space so as-
(a) to maintain an atmosphere which is fit for respiration; and
(b) to render harmless all fumes, dust or other impurities which may be dangerous or injurious to health.Where any persons are employed in a process in which a lead compound or other poisonous substance is used, there shall be provided for the use of the persons liable to come into contact with such compound or substance adequate and suitable facilities for washing, which shall include nail brushes, soap and towels. Lead compounds and other poisonous substances
MISCELLANEOUS
No timber or materials with projecting nails shall be used in any work in which they are a source of danger to persons employed or be allowed to remain in any place where they are a source of danger to such persons.Any temporary structure erected for the purpose of operations to which these Regulations apply, not being a scaffold or a structure to which any other regulation applies, shall be of good construction, sound material and adequate strength and stability, having regard to the purpose for which it is used.All practicable precautions shall be taken, by the use of temporary guys, stays, supports and fixings or otherwise where necessary, to prevent danger to any person employed through the collapse of any part of a structure during any temporary state of weakness or instability of the structure or part thereof before the structure is completed.Where on or adjacent to the site of any operations to which these Regulations apply there is water into which a person employed is in the course of his employment liable to fall with risk of drowning, suitable rescue equipment shall be provided and kept ready for use and steps shall be taken to arrange for the prompt rescue of any such person in danger of drowning. Where appropriate and reasonably practicable, secure fencing of not less than 1 metre in height shall be erected near the water to prevent such fall.
(As amended by S.I. No. 90 of 1974)
If the special nature or circumstances of any part of the work renders impracticable compliance with the provisions of these Regulations designed to prevent the fall of any persons engaged on construction work, then those provisions shall be complied with so far as practicable and, except for persons for whom there is adequate handhold and foothold, either there shall be provided-
(a) suitable safety nets or safety sheets; or
(b) safety belts or other contrivances which will so far as practicable enable such persons who elect to use them to carry out the work without risk of serious injury.
Measures shall be taken to prevent, so far as practicable, steam, smoke or other vapour from being generated on the site of operations to which these Regulations apply and obscuring any part of the work, scaffolding, machinery or plant where any person is employed.Scaffold materials, tools and other objects and material (including waste material) shall not be thrown, tipped, or shot from a height where they are liable to cause injury, but shall be properly lowered; in any place where proper lowering is not practicable and also where any part of a structure is being demolished or broken off, adequate steps shall be taken, where necessary, to protect persons employed from falling or flying debris.Every employer shall submit such returns and reports and keep such records as the Commissioner may from time to time require, and any employer who fails to render any such return or report or keep such record, or knowingly makes any false statement in any such return, report or record, shall be guilty of an offence. All parts of machinery as may be a source of danger to any person at a construction site subject to these Regulations shall be securely fenced and guarded.
Before any construction work to which these Regulations apply is commenced, and also during the progress thereof, all practicable steps shall be taken to prevent danger to persons employed from any live electric cable or apparatus which is liable to be a source of danger, either by rendering such cable or apparatus dead or otherwise. Electricity
Where any electrically charged overhead cable or apparatus is liable to be a source of danger to persons employed during the course of any construction work to which these Regulations apply, whether from a lifting machine, or the use or handling of any plant, equipment or building materials, all practicable precautions shall be taken, either by the provision of adequate and suitably placed barriers or otherwise, to prevent approach to the danger area in the vicinity of the overhead cables or apparatus. All electrical apparatus and conductors used in construction work shall comply with the relevant requirements of the Factories (Electricity) Regulations.It shall be the duty of every contractor and every employer of workmen undertaking any construction work to which these Regulations apply-
(a) to comply with such regulations which affect him or any workmen employed by him:
Provided that the requirements of the said regulations shall be deemed not to affect any workman if and so long as his presence in any place is not in the course of performing any work on behalf of his employer and is not expressly or impliedly authorised or permitted by his employer;
(b) to comply with such regulations as relate to any work, act or operation performed or about to be performed by any such contractor or employer of workmen;
(c) to comply with such regulations as relate to the erection or alteration of scaffolds and to the erection, dismantling, installation, working or use of any machine, appliance or other plant or equipment by any such contractor or employer of workmen;
(d) to keep readily available a copy of these Regulations for use on the site of any construction work. It shall be the duty of every person employed to comply with the requirements of such of these Regulations as relate to the performance of or the refraining from an act by him and to co-operate in carrying out these Regulations and, if he discovers any defect in the machinery, plant or equipment, to report such defect without unreasonable delay to his employer or foreman, or to a person appointed by the employer as safety supervisor. Whenever an accident occurs in any construction work which either-
(a) causes loss of life to a person employed in that construction work; or
(b) disables any such person for more than three days from earning full wages at the work at which he was employed;
the employer shall forthwith send written notice of the accident to an inspector.
In addition, in case of death, the employer shall forthwith send notice of the accident in writing, and also where practicable by telegraph or telephone, to an inspector.Whenever death ensues as a consequence of an accident which has already been notified, the employer shall immediately send notice of such death to an inspector.
These Regulations shall not apply to construction work undertaken within the boundary of a mine, or to premises used for refining metals or ores which are under the control of a mining company or authority. Any person guilty of an offence to which section ninety-one of the Act applies, or in respect of these Regulations or any lawful requirement made thereunder, shall be liable to the penalties prescribed by section ninety-two of the Act.
HEALTH
1. Cleanliness. Every factory must be kept clean. In particular, accumulations of dirt and refuse must be removed daily from floors and benches; the floor of every workroom must be cleaned at least once a week and, where wet processes are carried on, adequate means for draining the floor must be provided. All inside walls, partitions and ceilings must-(i) if they have a smooth impervious surface, be washed with hot water and soap or cleaned by other approved method every 14 months, or (ii) if kept painted in a prescribed manner or varnished, be repainted or revarnished at least once every 7 years and washed with hot water, etc., every 14 months, or (iii) in other cases, be whitewashed or colourwashed every 14 months (Section 19). The prescribed particulars must be entered in the General Register (Sections 19 and 86).
2. Overcrowding. A factory must not be overcrowded. There must be in each workroom at least 12 cubic metres of space for every person employed, not counting space more than 4 metres from the floor.
3. Every workroom must not be less than 3.048 metres in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material (Section 20).
4. Ventilation. Adequate ventilation of workrooms must be secured by the circulation of fresh air. All practicable measures must be taken to protect workers against inhalation of dust, fumes or other impurities likely to be injurious or offensive, and local exhaust ventilation must be provided and maintained where practicable (Sections 21 and 69).
5. Lighting. There must be sufficient and suitable lighting in every part of the factory in which persons are working or passing (Section 22).
6. Sanitary Conveniences. Sufficient and suitable sanitary conveniences, separate for each sex, must be provided. The conveniences must be maintained and kept clean and effective provision must be made for lighting them (Section 23).
7. Meals in Certain Dangerous Trades. A person must not partake of food or drink in workrooms where any poisonous substance is so used as to give rise to dust or fume (Section 70).
8. Protective Clothing, Appliances and Screening. Suitable protective clothing and appliances including, where necessary, suitable gloves, footwear, goggles and head coverings, must be provided and maintained for the use of workers employed in any process involving excessive exposure to heat, cold or wet or to any poisonous or other injurious or offensive substance.
9. Suitable goggles or effective screens must be provided to protect the eyes of persons employed in any process likely to entail injury to the eyes and screening or other effective provision must be made to protect the eyes of any person exposed to electric arc welding flash (Section 71).
10. Lifting Excessive Weights. No one must be employed to lift, carry or move any load so heavy as to be likely to cause injury (Section 72).
11. Notification of Industrial Diseases. Cases of poisoning by lead, phosphorus, arsenic, mercury, carbon bisulphide, manganese, cyanide or aniline; chronic poisoning by benzene; compressed air illness; anthrax; toxic jaundice due to tetrachlorethane or nitro- or amido- derivatives of benzene or other poisonous substance; toxic anaemia, epitheliomatus ulceration, and chrome ulceration must forthwith be reported to an Inspector of Factories and entered in the General Register (Section 78).
SAFETY
12. Fencing. Every part of the transmission machinery and every dangerous part of other machinery, and all parts of electric generators, motors, rotary converters, and flywheels directly connected to them, must be securely fenced unless in such a position or of such construction as to be as safe to every person employed or working on the premises as if securely fenced; and any part of a stock-bar which projects beyond the head-stock of a lathe must be securely fenced unless it is in such a position as to be as safe to every such person as if securely fenced. A male person over 18 may, however, approach unfenced machinery in motion in certain strictly limited contingencies and subject to the strict conditions specified in the Act (Sections 27 to 30).
13. Moving parts of other prime movers, and flywheels directly connected to them, and the head and tail race of a water wheel or water turbine, must be securely fenced irrespective of their position (Section 27).
14. Fixed vessels, pits, etc., containing scalding, corrosive or poisonous liquids, or any molten metal must, unless the edge is 1 metre above the adjoining ground or platform, be securely fenced to at least that height or be securely covered; where this is impracticable, other precautions, so far as practicable, must be taken. Where any such vessel is not securely covered, no ladder, stair or gangway may be placed above, across or inside it which is not at least 500 millimetres wide and securely fenced to a height of at least 1 metre and securely fixed. Where any such vessels adjoin each other, and the space between them is either less than 500 millimetres or is not securely fenced to at least 1 metre, barriers must be placed so as to prevent passage between them. Every vessel, pit, etc., must have a clear warning notice bearing in red letters in English and in at least one vernacular language commonly used by the employees, the word "DANGER" (Section 33).
15. All fencing must be of substantial construction and be maintained in an efficient state (Section 31).
16. Further Requirements in Connection with Transmission Machinery. Devices or appliances for promptly cutting off the power from the transmission machinery must be provided in every room or place where work is carried on. Every power-driven machine must be provided with an efficient starting and stopping appliance, the control of which must be readily accessible to the person operating the machine. Efficient mechanical appliances must be provided to move driving belts to and from fast and loose pulleys. Driving belts must not rest or ride on revolving shafts when the belt is not in use (Section 28).
17. New Machines. New power-driven machines must not be sold, let on hire, or used unless certain parts are effectively guarded (Section 32).
18. Self-acting Machines. Precautions are required to ensure that persons are not trapped between moving parts of a self-acting machine and any separate fixed structure or between moving and stationary parts of the machine (Section 34).
19. Training and Supervision of Inexperienced Workers. A person must not work at any dangerous machine or in any dangerous process unless-(i) he has been fully instructed as to the dangers and precautions, and (ii) he has received sufficient training in the work or is under adequate supervision (Section 35).
20. Construction of Floors, Stairs, etc. Floors, steps, stairs, passages and gangways must be soundly constructed, properly maintained and, so far as is reasonably practicable, kept free from obstruction and any substance likely to cause persons to slip. Handrails must be provided for stairs. All ladders must be soundly constructed and properly maintained and be properly secured to prevent slipping, have effective anti-skid devices, or be firmly held by a person stationed at the foot. Openings in floors shall, wherever practicable, be securely fenced (Section 36).
21. Safe Means of Access and Place of Work. So far as is reasonably practicable- (i) there must be provided safe means of access to every place at which any person has at any time to work, (ii) every such place must be made and kept safe for anyone working there, (iii) fencing or other means must be provided to ensure the safety of any person who is to work at a place from which he would be liable to fall more than 2 metres and which does not afford secure foothold and, where necessary, secure handhold (Section 37).
22. Precautions Against Gassing or Lack of Oxygen. Special precautions are laid down for work in confined spaces where men are liable to be overcome by dangerous fumes or by lack of oxygen in the air (Section 38).
23. Explosion or Fire of Inflammable Dust or Gas. Precautions against explosion or fire are laid down for certain processes and for welding or soldering of (or other operations involving the application of heat to) containers which hold or have held any explosive or inflammable substance (Section 39).
24. Fire. Appropriate means for fighting fire must be provided and maintained and kept readily available in every factory irrespective of the number of persons employed. Persons trained in the correct use of such means must be present while work is going on in the factory. All highly inflammable substances must be stored in a fire-resisting store or in a safe place outside any occupied building. No fire, flame, smoking or other agency likely to ignite volatile inflammable substances is to be permitted where it may ignite such substances.
25. Adequate means of escape in case of fire must be provided in every factory. The contents of workrooms must be so arranged that there is a free passageway to the means of escape. While any person is in any factory for the purpose of employment or meals, doors must not be so locked or fastened that they cannot be easily and immediately opened from the inside. Any door which opens on to a staircase or corridor from any room in which more than 10 persons are employed must open outwards unless it is a sliding door. Exit doors at the foot of staircases must open outwards unless they are sliding doors. Adequate landings must be provided at doors giving access to stairways. All fire exits must be distinctively and conspicuously marked by a notice printed in red letters of adequate size. Hoistways and liftways inside buildings constructed after the 1st May, 1967, must be completely enclosed with fire-resisting materials and the means of access to them must be fitted with fire-resisting doors except that the top of unvented hoistways and liftways must be enclosed by material easily broken by fire.
26. Where more than 20 persons are employed in the same building effective fire alarms must be provided and maintained. Effective alarms must also be provided where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building. Alarms must be tested and examined every three months and a report entered in or attached to the General Register (Section 86). In factories employing more than 20 workers in the same building above the first floor or more than 6 metres above ground level, effective steps must be taken to ensure that all workers are familiar with the means of escape and their use and the routine to be followed in case of fire. These precautions must also be taken where explosive or highly inflammable materials are stored or used even if less than 20 persons are employed in the building (Sections 40 to 45).
27. Hoists or Lifts. Every hoist or lift must be of good mechanical construction, sound material and adequate strength and must be properly maintained. It must be thoroughly examined every six months by a competent person whose report must be entered in or attached to the General Register.
28. Every hoistway or liftway must be efficiently protected by a substantial enclosure and landing gates with efficient interlocking or other devices. The safe working load must be marked conspicuously on each hoist. Additional safeguards (e.g. devices to prevent over-running, interlocking gates for cages and devices to support the platform or cage if hoisting ropes or attachments should break) must be provided on hoists or lifts used for carrying persons, whether with goods or otherwise. The requirements are somewhat less stringent in the case of hoists or lifts constructed before the 1st May, 1967; hoists not connected with mechanical power, and continuous hoists.
29. Every teagle opening or similar doorway used for hoisting or lowering goods must be fenced (except when the hoisting or lowering is going on at that opening) and be provided with a secure handhold on each side of the opening (Sections 47 to 49).
30. Chains, Ropes and Lifting Tackle. No chain, robe or lifting tackle used for raising or lowering persons, goods, materials or plant may be used unless it is of good construction, sound material, adequate strength, suitable quality and free from patent defect. Tables of safe working loads must be posted in the stores and elsewhere, but need not cover any lifting tackle the safe working load of which is marked on the tackle itself. No tackle shall be used for any load exceeding its stated safe working load (except when being tested by a competent person). Chains, ropes and lifting tackle must be thoroughly examined by a competent person every six months, and must not (excepting fibre ropes and fibre rope slings) be taken into use for the first time in the factory unless they have been tested and certified.
31. An Inspector of Factories may require wrought iron chains or lifting tackle to be annealed or otherwise treated by heat at specified intervals.
32. A register of all chains, etc., and also the certificates of tests and reports of examinations must be kept (Sections 51 and 53).
33. Cranes and Other Lifting Machines. All parts and working gear (including anchoring appliances) of cranes and other lifting machines must be of good mechanical construction, sound material, adequate strength and free from patent defect, and must be properly maintained. A thorough examination of all such parts and gear by a competent person must be made every 14 months. A lifting machine must not be taken into use for the first time in the factory unless it has been tested and certified. A register of examinations and tests must be kept. The safe working load or loads must be shown on every lifting machine: in the case of cranes with a derricking jib, an automatic indicator or a table of safe working loads must be attached to the crane. No lifting machine shall be loaded above its stated safe working load (except when being tested by a competent person).
34. Rails and tracks of travelling cranes and transporters must be of proper size and construction. If any person is working near the wheel track of an overhead travelling crane, steps must be taken to ensure that the crane does not approach within 6 metres of the person. Effective measures must be taken to give warning of the approach of such a crane to anyone working above floor level and liable to be struck by it or its load (Sections 52 and 53).
35. Steam Boilers, Steam Receivers, etc. Every part of every steam boiler and steam receiver must be of good construction, sound material, adequate strength and free from patent defect. Detailed requirements are laid down as to the valves and other fittings. The outlet of every steam container must at all times be kept open and free from obstruction.
36. Steam boilers and steam receivers and their fittings must be properly maintained and must be thoroughly examined by a Government Inspector or other person authorised by the Labour Commissioner, in the case of boilers every 18 months and after extensive repairs, and in the case of steam receivers every 36 months. New boilers must have manufacturers' certificates. A report of each examination of a steam boiler or a steam receiver must be attached to the Boiler Book.
37. Every steam boiler attendant must be properly instructed in his duties.
38. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any steam boiler or steam receiver until an Inspector has been notified in writing (Sections 54 to 57 and 60).
39. Air Receivers. Every air receiver and its fittings must be of sound construction and properly maintained. Detailed requirements are laid down as to the fittings.
40. Air receivers must be thoroughly cleaned, and be examined or tested by a Government Inspector or other person authorised by the Labour Commissioner every 36 months, and a report entered in or attached to the General Register (Sections 58 and 86).
41. No modification, unless sanctioned by the manufacturer, must be made to any pressure part of any air receiver until an Inspector has been notified in writing (Section 60).
42. Notification of Accidents and Dangerous Occurrences. Accidents causing loss of life or disabling a worker for more than three days from earning full wages at the work at which he was employed must be reported forthwith to an Inspector of Factories and entered in the General Register.
43. Certain dangerous occurrences must also be reported whether disablement is caused or not, e.g., the bursting of a revolving vessel, wheel, grindstone or grinding wheel moved by mechanical power, the collapse or failure of a crane, hoist or other lifting appliance or any part thereof, or the overturning of a crane; and explosions or fires in certain circumstances (Sections 76, 77 and 86).
WELFARE
44. Drinking Water. An adequate supply of wholesome drinking water must be provided (Section 63).
45. Washing Facilities. Adequate and suitable washing facilities and suitable means of drying must be provided and maintained in a clean and orderly condition (Section 64).
46. Accomodation for Clothing. Adequate and suitable accommodation for clothing not worn during working hours, and for protective clothing, must be provided and maintained.
47. The Minister may by order direct that adequate change rooms shall be provided and maintained in any factory where he considers such rooms are necessary (Section 65).
48. Facilities for Sitting. Where any employed persons (irrespective of sex) have in the course of their employment reasonable opportunities for sitting without detriment to their work, there must be provided for their use suitable facilities sufficient to enable them to take advantage of those opportunities. There are detailed requirements as to seats and sitting arrangements for work of which a substantial proportion can properly be done sitting (Section 66).
49. First-aid. In every factory there must be provided a first-aid box or cupboard of the prescribed standard, containing nothing except first-aid requisites, and in charge of a responsible person who must always be readily available during working hours. In every workroom a notice must be affixed stating the name of the person in charge of the box or cupboard provided in respect of that room. Where more than 100 persons are employed at one time, an additional box or cupboard for every additional 100 persons or fraction of that number is required.
50. In factories where more than 50 persons are employed the responsible person in charge of the first-aid box or cupboard must satisfy prescribed conditions as to training in first-aid treatment (Section 67 and Regulations).
GENERAL
51. Registration. Before any premises are occupied or used as a factory, a Certificate of Registration must be obtained from the Labour Commissioner (Sections 11 to 15).
52. Special Regulations for Safety, Health and Welfare made for particular factories, industries, processes, plant, etc., must be observed, and printed copies of all such regulations, or prescribed abstracts thereof, in force in any factory must be kept posted in the factory (Section 85).
53. General Register. The occupier must keep a General Registry in the prescribed form (Section 86).
54. Duties of Persons Employed. A person employed must not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the Act for securing health, safety or welfare and he must use any means or appliance for securing health or safety provided for his use under the Act. He must not wilfully and without reasonable cause do anything likely to endanger himself or others (Section 89).
55. These special duties supplement the general duty of employed persons not to commit breaches of the Act even though the employer may be primarily responsible for seeing that they are observed: where an act or default for which a factory occupier or owner is liable under the Act is in fact the act or default of some other person (e.g., an agent or worker) that person can be prosecuted and is liable to the same fine as the occupier or owner (Section 93).
56. Inspection. Inspectors have power to enter, inspect and examine every part of a factory by day or by night. They may require the production of registers, certificates and other papers. They may examine any person found in the factory, either alone or in the presence of any other person as they think fit, and may require him to sign a declaration of the truth of the matters about which he is examined. They may also exercise such other power as may be necessary for carrying the Act into effect, including certain powers of taking samples for analysis. Every person obstructing an Inspector is liable to a penalty (Sections 7, 8, 9 and 75).
(As amended by S.I. No. 92 of 1974)
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